ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part Merit Roofing All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not You must provide below at least five (5) references from five different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Name ▇▇▇▇▇ Contact Email Valid Contact Phone ▇▇▇▇▇ ▇▇. College ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Pasadena ISD ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ University ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Angelina College ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ April 12, 2023 RE: Principal: Merit Roofing Systems, Inc. Current Bonding Limits: $5,000,000 single, $10,000,000 aggregate Providing Surety Needs Since: 2008 _ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A VIII” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Attorney-in-Fact State of Iowa ) County of Dallas ) On this 12th day of April, 2023 , before me personally appeared ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ , of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ▇▇▇ ▇▇▇ My commission expires: , Notary Public April 14, 2024 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ West Des Moines, IA 50266-7754 P.O. Box 14498 Des Moines, IA 50306-3498 local ▇▇▇.▇▇▇.▇▇▇▇ email ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SUP 0174 (9/18) Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of April , 2023 . STATE OF IOWA COUNTY OF DALLAS ss. By On this 12th day of April , 2023 , before me appeared ▇▇▇▇▇ ▇▇▇▇▇▇, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April , 2023 . POA 0018 (10/22) TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.: MRS BUILDING OWNER: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing Systems, Inc. warrants to the Owner that it applied the roofing materials and accessories on the above-described roof in accordance with the accepted scope of work for the project (Contract Dated: ). Subject to the following terms, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in said roof, which are the result of defects in Merit Roofing Systems, Inc.’s workmanship. 1. Upon expiration of the term of this Warranty, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the roofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner. 2. This Warranty does not cover any leaks in the roof caused by the acts or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena of the elements; structural settlement failure, movement, cracking or excess deflection of the roof deck; defects or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under the terms of the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorism. If the roof fails to maintain a water-tight condition because of damage by reasons of any of the foregoing, this Warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner. 3. During the term of this Warranty, if the roof leaks, Owner must immediately notify Merit Roofing Systems by telephone of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems. 4. This Warranty shall become null and void: (a) Unless Merit Roofing Systems receives notice from the Owner in accordance with paragraph 3 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this Warranty, repair the roof; (b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof; (c) Any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined are in writing prior to the commencement of the project. 5. This Warranty shall accrue only to the benefit of the original Owner named above. It is not transferable to any other person, except with the prior written consent of Merit Roofing Systems. 6. No other express warranty is given by Merit Roofing Systems to Owner. The repair of the subject roof is the exclusive remedy. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY IS SEPARATE AND APART FROM ANY WARRANTY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY. 7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW. 8. This warranty shall not become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to which said roof was applied. 9. This warranty is not valid unless signed by an authorized Merit Roofing Systems company officer and corporate seal is affixed below.
Appears in 1 contract
Sources: Vendor Agreement
ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part Merit Roofing Denali Construction Services, LLC All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not You must provide below at least five (5) references from five different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Name ▇▇▇▇▇ N Valid Contact Email Valid Contact Phone Dallas ISD ▇▇▇▇▇▇ ▇▇. College ▇▇ ▇▇. ▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇)▇▇▇-▇▇▇▇ Lewisville ISD ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ (▇▇▇)▇▇▇-▇▇▇▇ City of Lewisville ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇)▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Pasadena ISD ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇-)▇▇▇-▇▇▇▇ ▇▇▇▇▇ University ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Angelina College ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇▇▇ ▇▇. ▇▇DFW Airport ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇-)▇▇▇-▇▇▇▇ April 12, 2023 RE: Principal: Merit Roofing Systems, Inc. Current Bonding Limits: $5,000,000 single, $10,000,000 aggregate Providing Surety Needs Since: 2008 _ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A VIII” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Attorney-in-Fact State of Iowa ) County of Dallas ) On this 12th day of April, 2023 , before me personally appeared ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ , of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ▇▇▇ ▇▇▇ My commission expires: , Notary Public April 14, 2024 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ West Des Moines, IA 50266-7754 P.O. Box 14498 Des Moines, IA 50306-3498 local ▇▇▇.▇▇▇.▇▇▇▇ email ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SUP 0174 (9/18) Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of April , 2023 . STATE OF IOWA COUNTY OF DALLAS ss. By On this 12th day of April , 2023 , before me appeared ▇▇▇▇▇ ▇▇▇▇▇▇, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April , 2023 . POA 0018 (10/22) TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.: MRS BUILDING OWNER: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing SystemsThe Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, Inc. warrants to which includes certifying minority, woman, and service disabled veteran-owned businesses as HUBs and facilitates the Owner that it applied the roofing materials use of HUBs in state procurement and accessories provides them with information on the abovestate's procurement process. We are pleased to inform you that your application for certification/re-described roof certification as a HUB has been approved. Your company's profile is listed in accordance the State of Texas HUB Directory and may be viewed online at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company’s compliance with the accepted scope HUB eligibility requirements, including changes in ownership, day-to- day management, control and/or principal place of work business. Note: Any changes made to your company’s information may require the HUB Program to re-evaluate your company’s eligibility. Please visit our website at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company’s chances of doing business with the state. Thank you for your participation in the project HUB Program! If you have any questions, you may contact a HUB Program representative at ▇▇▇-▇▇▇-▇▇▇▇ or toll-free In Texas at 1-888-863- 5881. Certificate/VID Number: 1201036081100 Approval Date: August 26, 2021 Scheduled Expiration Date: August 26, 2025 has successfully met the established requirements of the State of Texas Historically Underutilized Business (Contract Dated: ). Subject to the following terms, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of this Warranty, at its expense, repair or cause HUB) Program to be repaired leaks recognized as a HUB. This certificate printed August 26, 2021, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day to day management, operational control, business location) provided in said roof, which are the result of defects in Merit Roofing Systems, Inc.’s workmanship.
1. Upon expiration submission of the term of this Warrantybusiness; application for registration/certification as a HUB, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the roofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner.
2. This Warranty does not cover any leaks in the roof caused by the acts or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena of the elements; structural settlement failure, movement, cracking or excess deflection of the roof deck; defects or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under the terms of the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorism. If the roof fails to maintain a water-tight condition because of damage by reasons of any of the foregoing, this Warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner.
3. During the term of this Warranty, if the roof leaks, Owner you must immediately notify Merit Roofing Systems by telephone (within 30 days of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems.
4. This Warranty shall become null and void:
(achanges) Unless Merit Roofing Systems receives notice from notify the Owner HUB Program in accordance with paragraph 3 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this Warranty, repair the roof;
(b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
(c) Any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined are in writing prior to the commencement of the project.
5. This Warranty shall accrue only to the benefit of the original Owner named above. It is not transferable to any other person, except with the prior written consent of Merit Roofing Systems.
6. No other express warranty is given by Merit Roofing Systems to Ownerwriting. The repair CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of the subject roof is the exclusive remedy. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY IS SEPARATE AND APART FROM ANY WARRANTY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTYineligibiliy.
7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
8. This warranty shall not become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to which said roof was applied.
9. This warranty is not valid unless signed by an authorized Merit Roofing Systems company officer and corporate seal is affixed below.
Appears in 1 contract
Sources: Vendor Agreement
ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part Merit Roofing with JOC) Kirberg Co. All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not You must provide below at least five (5) references from five different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Name ▇▇▇▇▇ Contact Email Valid Contact Phone ▇▇▇▇▇ ▇-▇. College ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Pasadena ISD ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 660.441.5739 ▇▇▇-▇▇▇-▇ Health Systems ▇▇▇▇ ▇▇▇▇▇ University ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Angelina College ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 417.291.7744 Battlefield Mall ▇▇▇-▇▇▇-▇▇▇▇ April 12, 2023 RE: Principal: Merit Roofing Systems, Inc. Current Bonding Limits: $5,000,000 single, $10,000,000 aggregate Providing Surety Needs Since: 2008 _ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A VIII” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Attorney-in-Fact State of Iowa ) County of Dallas ) On this 12th day of April, 2023 , before me personally appeared ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ , of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ▇▇▇ ▇▇▇ My commission expires: , Notary Public April 14, 2024 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ West Des Moines, IA 50266-7754 P.O. Box 14498 Des Moines, IA 50306-3498 local 317.993.9587 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: Kirberg Co. Vendor Authorized Signatory Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Vendor Authorized Signatory Title: Superintendent Vendor Authorized Signatory Email: ▇▇▇.▇▇▇.▇▇▇▇ email ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SUP 0174 (9/18) Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of April , 2023 . STATE OF IOWA COUNTY OF DALLAS ss. By On this 12th day of April , 2023 , before me appeared Vendor Address: ▇▇▇▇ ▇ ▇▇▇▇▇ ▇▇▇ City: Springfield State: MO Zip Code: 65803 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▇▇▇▇, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ Digitally signed by ▇▇., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April , 2023 . POA 0018 (10/22) TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.: MRS BUILDING OWNER: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing Systems, Inc. warrants to the Owner that it applied the roofing materials and accessories on the above-described roof in accordance with the accepted scope of work for the project (Contract Dated: ). Subject to the following terms, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in said roof, which are the result of defects in Merit Roofing Systems, Inc.’s workmanship.
1. Upon expiration of the term of this Warranty, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the roofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner.
2. This Warranty does not cover any leaks in the roof caused by the acts or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena of the elements; structural settlement failure, movement, cracking or excess deflection of the roof deck; defects or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under the terms of the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorism. If the roof fails to maintain a water-tight condition because of damage by reasons of any of the foregoing, this Warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner.
3. During the term of this Warranty, if the roof leaks, Owner must immediately notify Merit Roofing Systems by telephone of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems.
4. This Warranty shall become null and void:
(a) Unless Merit Roofing Systems receives notice from the Owner in accordance with paragraph 3 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this Warranty, repair the roof;
(b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
(c) Any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined are in writing prior to the commencement of the project.
5. This Warranty shall accrue only to the benefit of the original Owner named above. It is not transferable to any other person, except with the prior written consent of Merit Roofing Systems.
6. No other express warranty is given by Merit Roofing Systems to Owner. The repair of the subject roof is the exclusive remedy. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY IS SEPARATE AND APART FROM ANY WARRANTY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY.
7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
8. This warranty shall not become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to which said roof was applied.
9. This warranty is not valid unless signed by an authorized Merit Roofing Systems company officer and corporate seal is affixed below.▇▇▇▇
Appears in 1 contract
Sources: Vendor Agreement
ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part Merit Roofing with JOC) Building Abatement Demolition All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not affiliates/partners/manufacturers/resellers, etc. You must provide below at least five (5) references from five different entity customers, preferably government or non-non- profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Name ▇▇▇▇▇ Contact Email Valid Contact Phone ▇▇▇▇▇ ▇▇. College ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Pasadena ISD ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ University ▇▇. King Consultants ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Angelina College ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ April 12, 2023 RE: Principal: Merit Roofing Systems, Inc. Current Bonding Limits: $5,000,000 single, $10,000,000 aggregate Providing Surety Needs Since: 2008 _ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A VIII” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. Phoenix 1 Restoration ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Attorney▇@▇▇▇▇▇▇▇▇.▇▇▇ 214-in902-Fact State of Iowa ) County of Dallas ) On this 12th day of April, 2023 , before me personally appeared 0111 Texarkana Renewal Properties ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ White Construction ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ General Contractors ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇ , of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇ My commission expires: , Notary Public April 14, 2024 ▇▇▇▇ 512-326-4223 CBR Construction Services ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ West Des Moines, IA 50266-7754 P.O. Box 14498 Des Moines, IA 50306-3498 local ▇▇▇.▇▇▇.▇▇▇▇ email ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SUP 0174 (9/18) Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in▇▇▇-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power▇▇▇-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of April , 2023 . STATE OF IOWA COUNTY OF DALLAS ss. By On this 12th day of April , 2023 , before me appeared ▇▇▇▇ AAR Incorporated ▇▇▇▇▇ ▇▇▇▇▇▇, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, ▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ N2 Distribution ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ DocuSign Envelope ID: B242EDB7-CB1B-4C12-9BED-F294B4067162 (VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION) Vendor Entity Name: _Building Abatement Demolition Company, Inc. Vendor Authorized Signatory Name: _▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Vendor Authorized Signatory Title: President Vendor Authorized Signatory Email: ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇-▇▇▇.▇▇▇ Vendor Address: _1621 CR 269 City: Liberty Hill State: _TX Zip Code: 78641 Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendor documentation, Vendor’s proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images, Vendor’s contact information, Vendor’s brochures and commercial information, Vendor’s financial information, Vendor’s certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, “Vendor Data”) to TIPS. Vendor understands and agrees that TIPS is a government entity subject to public information laws including but not limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor’s submission of a proposal constitutes Vendor’s consent to the disclosure and release of Vendor’s Data and comprehensive proposal, including any information deemed confidential or proprietary herein, to and by TIPS Members. Notwithstanding the foregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor’s proposal to be otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter 552, Vendor must properly execute Option 1 only below, attach to this PDF all documents and information that Vendor deems confidential, and upload the consolidated documentation. Regardless of the Option selected below, this form must be completed and uploaded to the “Response Attachments” section of the eBid System entitled “Required Confidentiality Claim Form.” Execution and submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed confidential by you through proper execution of Option 1 of this form will be automatically released. For information deemed confidential by you through proper execution of Option 1 of this form, TIPS will follow procedures of controlling statute(s) regarding withholding that documentation and shall not be liable for any release of information required by law, including Attorney General opinion or court order. (VENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM) (Confirm each bullet point and sign below) ▪ Vendor claims some Vendor Data confidential to the extent permitted by TGC Chapter 552 and other applicable law. ▪ Vendor attached to this PDF all potentially confidential Vendor Data and listed the number of attached pages below. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪ Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Number of pages attached deemed confidential: Authorized Signature: (Confirm each bullet point and sign below) By signing for Option 2 below, Vendor expressly waives any confidentiality claim for all Vendor Data submitted in relation to this proposal and resulting contract. Vendor confirms that TIPS may freely release Vendor Data submitted in relation to this proposal or resulting contract to any requestor. Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of Vendor Data by TIPS or TIPS Members. ▪ Vendor’s authorized signatory has signed below and shall upload this document in the proper location in the eBid System. ▪Vendor agrees that TIPS shall not be liable for any release of confidential information required by law. Authorized Signature: January 16th, 2023 TIPS/Region 8 ESC ▇▇▇▇ ▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇▇ Pittsburg, Texas 75686 RE: Bonding Capacity Letter Building Abatement Demolition Company, Inc. TIPS RCSP 230104 Trades, Labor, and Materials JOC (Part 2) To Whom It May Concern: This letter is to confirm that we currently have an established bond line for Building Abatement Demolition Company, Inc. The surety handling their account is Insurors Indemnity Company with Standard Class B rates. I have been their surety agent since May of 2008. At this time, their aggregate capacity is $3,000,000 with a single limit of $1,500,000, but could be increased if the need arose. Their available capacity currently is $2,000,000. I have worked with BAD Company, Inc. for approximately twelve years and am pleased to recommend them for their character as well as their abilities. Insurors Indemnity Company is rated A- by the A. M. Best Guide and is backed by General Reinsurance Corporation which is rated A++ by the A.M. Best Guide and both appear on the U. S. Treasury Circular. Should you need any further information, please call. Sincerely, ▇▇., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still ▇▇ ▇▇▇▇▇▇▇ Attorney in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April , 2023 . POA 0018 (10/22) Fact LR/ljr TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.Witness our hand and seal of the Board dated, Baton Rouge, LA day of Expiration Date: MRS BUILDING OWNERDirector Chairman License No: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing SystemsThis License Is Not Transferrable Treasurer The Undersigned Building Abatement Demolition Co., Inc. hereby warrants to that Work we have installed or completed at the Owner that it applied the roofing materials and accessories on the above-described roof following location: (Street Address) (City, State) Has been completed strictly in accordance with the accepted scope of work for Plans and Specifications listed on Exhibit A attached hereto and made a part hereof (collectively, the project (Contract Dated: ). Subject “Plans”) The Contractor agrees to the following termsrepair or replace, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks or replaced, at Contractor’s sole cost, any defect in said roofworkmanship or materials in the Work described in the Plans (the “Work”), together with any adjacent work which requires repairs or replacement due to defects in the workmanship or materials of the Work, which are is discovered within (1) years after the result later of defects in Merit Roofing Systems, Inc.’s workmanship.
(1. Upon expiration ) the date Owner opens its store to the public or (2) the date of final acceptance by the Owner of the term of this Warranty, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the roofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner.
2Work. This Warranty warranty does not cover any leaks in the roof caused ordinary wear and tear, or unusual abuse or neglect by the acts Owner. The Contractor agrees to commence to repair or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena replace any defective portion of the elements; structural settlement failure, movement, cracking Work for which it is responsible under this Agreement / letter within ten (10) days after receipt by Contractor of written notice from Owner and thereafter diligently pursue such repair or excess deflection replacement to completion. If Contractor of the roof deck; defects written notice from Owner and thereafter diligently pursue such repair or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under replacement to completion. If Contractor fails to comply with the terms of this Letter then Contractor authorizes Owner to proceed to make such repairs and/or demand all costs incurred by Owner in making all such repairs and/ or replacements together with interest at twelve percent 12%) per annum but not to exceed the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath maximum amount permitted by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorismlaw. If Owner brings an action against Contractor to enforce the roof fails warranty contained herein, Contractor agrees to maintain a waterpay Owner’s reasonable attorney’s fees and costs in connection therewith. _ (Sub-tight condition because of damage Contractor’s Signature) _ (Date) _ (Countersigned by reasons of any of the foregoing, this Warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner.
3. During the term of this Warranty, if the roof leaks, Owner must immediately notify Merit Roofing Systems by telephone of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems.
4. This Warranty shall become null and void:General Contractor) _ (Date)
(a) Unless Merit Roofing Systems receives notice from The General Contractor shall jointly execute the Owner in accordance with paragraph 3 above of any leaks warranty form and is provided an opportunity to inspect, and if required by countersign the terms of this Warranty, repair the roof;above.
(b) If work is done The General Contractor and all Sub-Contractors shall fill out, date, sign, and forward all equipment warranties on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
(c) Any area portions of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless Work and send such use was originally specified warranties along with a defined are in writing prior to the commencement of the project.
5. This Warranty shall accrue only to the benefit of the original Owner named above. It is not transferable to any other person, except with the prior written consent of Merit Roofing Systems.
6. No other express warranty is given by Merit Roofing Systems two (2) copies to Owner. The repair of the subject roof is the exclusive remedy. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY IS SEPARATE AND APART FROM ANY WARRANTY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY’s Project Manager.
7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
8. This warranty shall not become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to which said roof was applied.
9. This warranty is not valid unless signed by an authorized Merit Roofing Systems company officer and corporate seal is affixed below.
Appears in 1 contract
Sources: Vendor Agreement
ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY. 2 By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers. Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this solicitation. TIPS 230104 Trades, Labor, and Materials (2 Part Merit Roofing with JOC) Connect Technology Group All requested information must be typed and uploaded in Excel format. TIPS will reach out via the emails provided so please ensure that they are typed and accurate. Do not handwrite or upload in any format other than Excel. Emails provided must be current and active. Do not include TIPS/Region 8 employees as a reference. The entities that you provide must be paying customers, not You must provide below at least five (5) references from five different entity customers, preferably government or non-profit entities, who have purchased goods or services from your vendor entity within the last three years. Customer Entity Name Customer Contact Name ▇▇▇▇▇ N Valid Contact Email Valid Contact Phone ▇▇▇▇▇ ▇▇. College ▇▇. ▇City of Carrollton ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Pasadena ISD ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇ University ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ Angelina College ▇▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ City of ▇▇▇▇▇▇ ▇▇▇▇ ▇▇. Rangel ▇▇▇▇▇▇ ▇▇▇▇▇ .▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ April 12, 2023 RE: Principal: Merit Roofing Systems, Inc. Current Bonding Limits: $5,000,000 single, $10,000,000 aggregate Providing Surety Needs Since: 2008 _ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A VIII” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. HCK2 Partners ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇.▇, Attorney▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇-in▇▇▇-Fact State of Iowa ) County of Dallas ) On this 12th day of April, 2023 , before me personally appeared ▇▇▇▇ L3 ▇▇▇▇▇▇ ▇▇▇▇ Bonin ▇▇▇▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇ , of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ▇▇▇ ▇▇▇ My commission expires: , Notary Public April 14, 2024 Grumman ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇.▇▇▇ West Des Moines, IA 50266-7754 P.O. Box 14498 Des Moines, IA 50306-3498 local ▇▇▇▇▇@▇▇▇.▇▇▇ ▇.▇▇-▇▇▇-▇▇▇▇ email The Cincinnati Insurance Company ◼ The Cincinnati Indemnity Company The Cincinnati Casualty Company ◼ The Cincinnati Specialty Underwriters Insurance Company ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇_▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ SUP 0174 (9/18) Know All Persons By These PresentsUnderwriter Surety Department March 6, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of April , 2023 . STATE OF IOWA COUNTY OF DALLAS ss. By On this 12th day of April , 2023 , before me appeared ▇▇▇▇▇ ▇▇▇▇▇▇, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. I, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of April , 2023 . POA 0018 (10/22) TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. SAMPLE WORKMANSHIP THREE YEAR WARRANTY WARRANTY NO.: MRS BUILDING OWNER: NAME OF BUILDING: DATE OF COMPLETION: APPROX. SQUARE FOOTAGE: Merit Roofing Systems, Inc. warrants to the Owner that it applied the roofing materials and accessories on the above-described roof in accordance with the accepted scope of work for the project (Contract Dated: ). Subject to the following terms, conditions and limitations, Merit Roofing Systems, Inc. will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in said roof, which are the result of defects in Merit Roofing Systems, Inc.’s workmanship.
1. Upon expiration of the term of this Warranty, without notice from the Owner or some defect, Merit Roofing Systems shall have no further obligation to make repairs at their expense under any provision of this Warranty and Owner shall not make any further demand or claim against Merit Roofing Systems concerning Merit Roofing Systems’ workmanship, or the roofing materials installed, provided that Merit Roofing Systems promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty, which are called to Merit Roofing Systems’ attention during the term of this Warranty by Owner.
2. This Warranty does not cover any leaks in the roof caused by the acts or omissions of other trades or contractors, material failure, lightning, hailstorm, flood, earthquake, or other unusual phenomena of the elements; structural settlement failure, movement, cracking or excess deflection of the roof deck; defects or failure of other parts of the building; vapor condensation beneath the roof; penetrations for pitch pans; erosion, cracking and porosity of mortar, brick or exterior caulk joints not repaired under the terms of the scope of work listed above; dry rot; stoppage of roof drains, scuppers, and gutters; penetration of the roof from beneath by using fasteners of any type; inadequate drainage, slope, or other conditions beyond the control of Merit Roofing Systems, which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids, and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system; any damage resulting from an act of war or terrorism. If the roof fails to maintain a water-tight condition because of damage by reasons of any of the foregoing, this Warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Merit Roofing Systems at the expense of Owner.
3. During the term of this Warranty, if the roof leaks, Owner must immediately notify Merit Roofing Systems by telephone of such leaks, and promptly confirm such telephone notice by written notice to Merit Roofing Systems.
4. This Warranty shall become null and void:
(a) Unless Merit Roofing Systems receives notice from the Owner in accordance with paragraph 3 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this Warranty, repair the roof;
(b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, tailings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Merit Roofing Systems in writing and giving Merit Roofing Systems the opportunity to make the necessary roofing, application recommendations with respect thereto, which recommendations are complied with. Merit Roofing Systems shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
(c) Any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined are in writing prior to the commencement of the project.
5. This Warranty shall accrue only to the benefit of the original Owner named above. It is not transferable to any other person, except with the prior written consent of Merit Roofing Systems.
6. No other express warranty is given by Merit Roofing Systems to Owner. The repair of the subject roof is the exclusive remedy. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR ANY PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THIS WARRANTY IS SEPARATE AND APART FROM ANY WARRANTY WHICH MAY BE ISSUED BY THE ROOFING MANUFACTURER. MERIT ROOFING SYSTEMS EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY.
7. UNDER NO CIRCUMSTANCES SHALL MERIT ROOFING SYSTEMS BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
8. This warranty shall not become effective unless Merit Roofing Systems has been paid in full for said roof, in accordance with the agreement pursuant to which said roof was applied.
9. This warranty is not valid unless signed by an authorized Merit Roofing Systems company officer and corporate seal is affixed below.2023
Appears in 1 contract
Sources: Vendor Agreement